For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASHTRAY. Any receptacle that is designed for disposing of the debris from smoking materials, including but not limited to, ash, cigar stubs or cigarette butts or filters.
BAR. An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises. BAR includes but is not limited to taverns, nightclubs, cocktail lounges, brew pubs, saloons, microbreweries, adult entertainment facilities and cabarets.
CLEARLY AND CONSPICUOUSLY. Signage designed so that letters, numbers and symbols are of sufficient size to be clearly legible and visible to an individual of normal vision from a distance of five feet.
CONTIGUOUS AREA. A place that is:
(1) Physically attached to a non-vehicle public place or place of employment; or
(2) Separated from a non-vehicle public place or place of employment only by other places controlled by the proprietor of the public place or place of employment
CONTROLLED. Under the authority and responsibility of a proprietor.
DRIFT. The physical movement of smoke, regardless of cause, into any area where smoking is prohibited.
EMPLOYEE. A person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a non-profit entity.
EMPLOYER. A person, business, partnership, association or corporation, including but not limited to a municipal corporation, trust or non-profit entity, that employs the services of one or more individual persons.
ENCLOSED AREA. All space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including but not limited to lobbies and corridors.
ENCLOSED OR PARTIALLY ENCLOSED SPORTS ARENA. Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational or other events.
ENTRANCE or EXIT. Any doorway in a building or facility that is used by an individual for ingress from or egress to the outdoors.
GAMING EQUIPMENT OR SUPPLIES. Gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code.
GAMING FACILITY. An establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.
HEALTHCARE FACILITY. An office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including but not limited to hospitals, rehabilitation hospitals, weight control clinics, nursing homes and
long-term care facilities, homes for the aging or chronically ill, laboratories and offices of surgeons, chiropractors, physical therapists, physicians, dentists and all specialists within these professions.
HEALTHCARE FACILITY includes but is not limited to all waiting rooms, hallways, private rooms, semiprivate rooms and wards within healthcare facilities.
IDPH. The Illinois Department of Public Health.
INFILTRATE. The transit or movement of smoke from one enclosed area to another, regardless of cause, including but not limited to movement of smoke induced or caused by changes in air flow.
OUTDOOR PATIO. An area that either (i) is enclosed by a roof or other overhead covering and walls or side coverings on not more than two sides or (ii) has no roof or other overhead coverings regardless of the number of walls, fences or other side coverings. OUTDOOR PATIO includes but is not limited to beer gardens or other outdoor seating.
OUTDOOR PATIO PATRON. An individual who is occupying an outdoor patio.
PERMEABLE. Permitting smoke to pass through.
PLACE OF EMPLOYMENT. Any area under the control of a public or private employer that employees are required to enter, leave or pass through during the course of employment, including but not limited to entrances and exits to places of employment, including but not limited to offices and work areas; restrooms, conference and classrooms, break rooms and cafeterias and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care or other similar social service care on the premises, is not a PLACE OF EMPLOYMENT.
PRIVATE CLUB.
(1) A not-for-profit association that:
(a) Has been in active and continuous existence for at least three years prior to January 1, 2008, whether incorporated or not;
(b) Is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes at all times;
(c) Is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose, but not for pecuniary gain; and
(d) Only sells alcoholic beverages incidental to its operation.
(2) For purposes of this definition,
PRIVATE CLUB means an organization that is managed by a board of directors, executive committee or similar body chosen by the members at an annual meeting, has established bylaws, a constitution or both to govern its activities and has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. § 501.
PRIVATE RESIDENCE. The part of a structure used as a dwelling, including but not limited to a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin or cottage. For the purposes of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home or long-term care facility, assisted living facility or student dormitory shall not be considered a PRIVATE RESIDENCE.
PROPRIETOR. An owner, operator, manager, occupant, lessee or other individual in control of a public place or a place of employment.
PUBLIC PLACE.
(1) That portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the State of Illinois or any other public entity and regardless of whether a fee is charged for admission.
(2) A
PUBLIC PLACE does not include a private residence unless the private residence is used to provide licensed child care, foster care or other similar social service care on the premises.
(3) A
PUBLIC PLACE includes but is not limited to hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, convention facilities, polling places, private clubs, gaming facilities, all government owned vehicles and facilities, including but not limited to buildings and vehicles owned, leased or operated by the state or state subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, reception areas and no less than 75% of the sleeping quarters within a hotel, motel, resort, inn, lodge, bed and breakfast or other similar public accommodation that are rented to guests, but excludes private residences.
(4) A
PUBLIC PLACE also includes but is not limited to any portion of the living quarters, including but not limited to sleeping rooms, dining areas, restrooms, laundry areas, lobbies and hallways, of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education.
RESTAURANT.
(1) (a) An eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands and private and public school cafeterias, that gives or offers for sale food to the public, guests or employees; and
(b) A kitchen or catering facility in which food is prepared on the premises for serving elsewhere.
(2) RESTAURANT includes but is not limited to a bar area within the restaurant.
RETAIL TOBACCO STORE. A retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, plants or herbs and cigars, cigarettes, pipes and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. RETAIL TOBACCO STORE does not include a tobacco department or section of a larger commercial establishment or any establishment with any type of liquor, food or restaurant license.
SMOKE or SMOKING. Smoking is defined as inhaling, exhaling, burning, vaporizing, or carrying any lighted or heated cigar, hookah, cigarette, pipe, or any other lighted or heated tobacco, plant product, liquid or any other substance intended for inhalation, including but not limited to tobacco, nicotine, marijuana, any other substance whether natural or synthetic, in any manner or in any form. Smoking also includes the use of an electronic cigarettes, vaporizer, or similar device.
SMOKING PRODUCTS AND ACCESSORIES. Smoking materials, including but not limited to cigars, cigarettes or pipe tobacco, and smoking-related materials, including but not limited to ashtrays, lighters, humidors, pipes or cigarette cases.
(Ord. 2429, passed 12-3-07; Am. Ord. 3257, passed 8-17-20)